Judgment reversed, on the law, and new trial granted, with costs to abide the event.
The appeal did not present questions of fact. Plaintiff testified that at about 7:30 or 8:00 P.M. on June 26, 1963 he entered a parking lot owned by defendant Rapid Auto Laundry, Inc. on Franklin Avenue, Brooklyn, in order to wait for his girlfriend. On the afternoon of that day he had half a pint of whiskey to drink and while he was waiting he grew tired and dropped off to sleep...
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